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Hernia Mesh Lawsuit Filed in West Virginia Court

Bard Ventralex hernia mesh

Bard Ventralex hernia mesh, from Dotmed.com

Rosemary S. Roberts has filed a negligence lawsuit against C.R. Bard for injuries she suffered from the hernia mesh implanted in her in 2004 reports the West Virginia Record.

It was filed August 22 in Kanawha Circuit Court in Charleston, West Virginia, the same city where more than 30,000 lawsuits have been filed alleging  defective transvaginal mesh, nearly 5,000 cases against Bard alone.

Roberts received the Bard Composix Mesh and Ventralex Hernia Patch. Dr. Roland E. Hamrick Jr. was repairing a ventral hernia at the Charleston Area Medical Center. The same doctor also used a Bard Ventrio to patch a spigelian hernia in July, 2011, according to the report.

Roberts claims she is experiencing physical pain and suffering and has permanent and substantial physical injuries and deformity. So far she has had had multiple surgeries and is expected to undergo more. She alleges lost income and significant medical costs as well as a loss of the enjoyment of life.

She is seeking both compensatory and punitive damages and is represented by Thomas F.  Basile of Charleston.  The case number is 13-C-1609.

No Health Warning

Unlike transvaginal mesh, also made of plastic polypropylene, there is no Food and Drug Administration Health Notification or Safety Warning for hernia mesh. The agency does list hernia mesh complications as:

*Adverse reactions to the mesh

*Adhesions (when loops of the intestines adhere to the mesh or each other)

*Injuries to nearby organs, nerves or blood vessels

*Additional complications with or without mesh can include infection, chronic pain and hernia recurrence.

An FDA update says “Most of the complications reported to us so far have been associated with mesh products that have been recalled and are no longer on the market.”

Kugel Mesh

The most famous hernia mesh recall was the Bard Composix Kugel hernia patch. But it was redesigned and reintroduced to the market after more than 2,000 defective product lawsuits were filed against C.R. Bard.

The Proceed surgical hernia mesh made by Ethicon had 18,270 lots recalled in January 2006 when the polypropylene delaminated from the mesh opening up the patient to the possibility of fissures and adhesions.

AlloDerm, was recalled by LifeCell Corporation in September 2005, when it was determined that about one-quarter of those implanted with the donated human/cadaver skin mesh had complications including infection and rejection.

The remainder of mesh recalls have been limited to small numbers of mesh due to sterility compromises during the manufacturing process or mislabeled lots.

Tip of the Iceberg

Dr. Bruce Ramshaw, the current president of the American Hernia Society tells MDND that he believe we are just seeing the tip of the iceberg in hernia repair injuries to patients. With about a million procedures a year, even with a one percent complication rate, that leaves 10,000 patients a year with severe complications.

According to the FDA, the most common adverse events following hernia repair with mesh are pain, infection, hernia recurrence, adhesion, bowel obstruction. In some cases mesh can contract and migrate and perforate other organs or the bowel, causing sepsis.

Learn More:

West Virginia Record

http://wvrecord.com/news/262567-c-r-bard-sued-over-hernia-repair-products

FDA on Hernia Surgical Mesh Implants

http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/HerniaSurgicalMesh/default.htm

FDA- Kugel Recall 2004

http://www.fda.gov/MedicalDevices/Safety/ListofRecalls/ucm062944.htm

Lawyers and Settlements on Bard Kugel mesh

http://www.lawyersandsettlements.com/lawsuit/kugel-mesh.html#.UjkfZD-nfTo

 

 

19 Comments

  1. Suzanne McClain says:

    It’s about time they started allowing our hernia mesh family to file lawsuits. Made from same materials, just placed in a different part of the body!

    • Lashanda Williams says:

      I have had 3 hernia surgeries whr mesh was applied. Now um recieving calls about the transvaginal meshe but not the hernia mesh. I think it is as harmful and i am affected by it as well. Am i talkin to the right ppl..r we apart of the lawsuit or r we bn looked over…help me

      • Jane Akre says:

        Lashanda-

        I’m sorry you are in pain. Bruce Rosenberg may be able to help. He is hernia mesh injured himself and has the Meshoma Foundation. brosenberg1@bellsouth.net There are a few lawsuits out there for hernia mesh. I will be posting their stories soon. Thank you for writing and stay in touch. jane a.

      • Traian Bujduveanu says:

        I have 6 Ventralex meshes inserted in my body,due to defective product

        It has caused pain,recurrence,and the mesh has migrated.

        The doctors have classified the last operation as an accident,to the insurance comoany,due to patch failure.

        The worst part is that I cannot get into anybody’s attention,so at least I could stop this from reccuring to other people.

  2. InAz says:

    I believe hernia meshes are more dangerous than the transvaginal meshes and have killed more people than what is actually reported, because of the sheer number of the hernia implants itself. Dr. Ranshaw is right, I applaud him for speaking up. When people die of bowel obstruction or sepsis, or organ failure, doctors only report the reason for the death. They do not report WHY the bowel obstruction, perforations, infections etc…happened to be CAUSED by the hernia mesh itself. Since it is sewn shut with no orifice like the vagina, it is not eroding out like the transvaginal mesh. But the effects of the hernia mesh can be horrendously worse than the transvaginal pelvic meshes. The hernia mesh’s permanent damage is far worse because the risk of death from it is much higher, however because of the location of the transvaginal mesh being in a such a sensitive area, it is much more painful. I know firsthand, because I have had both meshes and have experienced all the reported complications and am living with the permanent injuries of both horrible products that should never been available as an implant. It affects every part of your life when you cannot void or have BMs like normal people. It should be second nature but it has become a full time job, thanks to the PP meshes.

    • Jane Akre says:

      In think you are right INAz….. and now that the Materials Safety Data Sheet has been made public, see the first trial Cisson for more on that, it says polypropylene resin should not be made into anything permanently implanted in the human body. Yet PP is the most popular material for use in meshes both hernia and pelvic, sui. When I read that I thought,,, that opens the door to hernia litigation that might offer some relief to the many sufferers who contact MDND…. Perhaps lawyers are thinking the same way. Anyone?

    • Melody says:

      I had a hernia mesh still PROBLEMS since 2004. I have everyone of the injuries. I need help and not healing

  3. janie says:

    I have had 5 surgeries because of two different meshs malfunctioning . my attorney swears he’s on top of everything but I just want to know what everyone else’s issues have been and of anyone had heard of a settlement ?

    • Jane Akre says:

      Janie- could you be clearer,,, are you referring to hernia mesh? If so Mesh News Desk has not heard of any settlement discussions concerning hernia mesh.

  4. Canonymous says:

    Several years ago, I had my first hernia repair surgery. About seven years later, I had another hernia repair surgery; although I actually think it was just the mesh Which had to be replaced. Then, about seven years later in 2008, the mesh had to be replaced again. That surgeon told me that he had never seen so many adhesions before in his life. They had grown on to the organs and on to the intestines. He also said he had to move the bladder to the correct spot. He said the old Mesh was curled up like a birds nest. The surgery took five hours because it took so long to remove the adhesions to get into where the curled up mesh was. Then he put in a 4.3 cm ventraLex mesh. I had no problems at all until last August when I hurt my back and had to have an MRI. Then my right lower abdomen started hurting is if it was being Constantly stabbed. I’ve spoken to three doctors about it. The surgeon did a CAT scan and told me he believed that the metal tacks that were used to hold the mesh in place are causing some problems and irritation, but that there is nothing he will do about it, so I’m taking pain medicine and Nerve pain medicine. In fact I’m taking quite a bit of it. I wonder if the MRI heated up the metal tacks and/or the mesh and caused it to burn somehow inside of me and left some burned tissue or inflammation or irritation?? The surgeon felt the tacks are causing some tugging and told me to lose weight, so ive lost 40 lbs and the abdominal pain is worse than ever. I really just don’t know, but now I have to have another lower back MRI in a couple of days and I’m very concerned about those metal tacks again. They’re not the only hardware inside of me. I also have some clamps in there from a 1977 surgery where they removed my gallbladder, appendix, and About 1 foot of intestines where gallstones had become lodged. I will have to have either an epidural or back surgery. If I have the epidural, I hope it helps the abdominal pain also. Thanks for everybody’s responses above to their problems with their hernia surgeries. It is very enlightening.

    • Jane Akre says:

      Canonymous- As always, Bruce Rosenberg is available to discuss your hernia injuries. Not a doctor or a lawyer, Bruce is hernia mesh-injured and has formed The National Meshoma Foundation. His purpose is education…please contact him for information and be patient because he is overwhelmed with the mesh-injured community. brosenberg1@bellsouth.net. 954-701-5094.

  5. Tom Burke says:

    On 3/17/11, I had a dual ventral incisional hernia and complex component separation of parts procedure. Ethicon prolene soft mesh was used. From the day after surgery, I complained repeatedly about horrific pain, and even admitted myself for a week because of the abdominal pain. In July of 2012, a CT scan showed a new hernia forming with a small.loop of bowel protruding. On 10/26/12, I underwent another ventral incisional and umbilical hernia. The surgeon found the prolene mesh had completely tore away from the fascia, leaving a 3cm by 3cm defect (hole) through which the new hernia formed. He then repaired the defect, putting in Ventralex Ventrio medium mesh. Since that surgery on 10/26/12, I have been in constant pain; the mesh cuts into my abdomen covering my entire abdomen, especially the 6 inch vertical incision down to the umbilical repair! There is also a 2 inch protrusion pushing out again on the right side of my abdominal incision!!! I know now I will need a third hernia surgery to remove the Ventralex Ventrio.which has presently rendered me totally permanently disabled!!

    I Need HELP!!! I need a lawyer to file this huge product liability case. Please respond ASAP!!!!!

    Thanks,

    Tom

    Tom Burke

    312-259-2625

    Tjjburke@aol.com

    • misti says:

      Please I need advice I had a umbilical hurnia surgery the surgeon says the mesh was human skin and it’s resolved I am told the mesh is called alodurma thick mesh. In May it will be a year and I have three hole that isn’t going well.I am suffering a lot and high pain meds and I am raising 2 kids we are looking for someone to talk with or give advice on what to do

  6. Yvette says:

    On June 30, 2008, I had laparoscopic ventral hernia repair with Bard composix low profile polypropylene mesh. After surgery and recovery, still suffered in my abdominal area with serious pain. I couldn’t stand up straight, lay on my stomach, press down in it, or stand to be touched in my abdominal area. I suffered for 3 years not knowing that the mesh had balled up in my stomach. In 2011, I had another hernia repair, in wich i’m doing much better now. I have contacted several lawyers in 2011 but they were only doing transvaginal mesh lawsuit. I really need some help in getting more information.

    • Jane Akre says:

      Please call Bruce Rosenberg 954-701-5094,,, he is very knowledgeable about hernia mesh and is injured himself. He can help!

  7. need to know if 2000 mylar mesh is covered by any law suit. infection,mesh removeal bowel, blockage .

  8. mesh inplanted 2000 removed 2010

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